The collaborative process is an alternative dispute resolution method for those wanting to divorce.  With an emphasis on cooperation and mutual respect, couples can settle conflicts without going to court. In many cases, this is a less adversarial approach than litigation. 

Are you curious about whether it is right for you? Here is our step-by-step guide to the collaborative process in Colorado. Let’s see how it works and the benefits it offers for those involved in divorce disputes.

Step 1: Deciding to Start the Collaborative Process

Some divorcing couples may want to pursue the collaborative process instead of traditional litigation. There are many reasons to do so. Many times, couples have children and want to maintain a civil relationship with the other person. However, these decisions must be made together. If someone is hesitant to proceed, then there could be issues down the road.

Step 2: Assembling Your Legal and Professional Team

After deciding to move forward, the next step is to find professionals who can help with the process. These individuals will include:

• Collaborative lawyers: Each person must hire their own attorney trained in collaborative law. These professionals will work to guide you through the process and protect your rights while reaching an amicable agreement.
• Third-party experts: Financial specialists, child behavioral experts, or mental health professionals may be involved to provide unbiased opinions on property division or child custody.
• Divorce coaches: Sometimes, you might need these professionals to help manage emotions and improve communication during the process.

After that, you will need to focus on the legal aspect of the process.

Step 3: Signing the Participation Agreement

All parties and their attorneys must sign a participation agreement. This will outline all the process rules, so you and your spouse know what to expect.

The most important takeaway is that if the process fails and the case goes to court, both collaborative attorneys must withdraw their support, and you will need to find another lawyer. 

Along with that, this agreement states that:

• Both parties must fully disclose all information, such as financial records.
• There needs to be a commitment to open communication.
• All discussions are kept confidential.

Step 4: Setting Goals

Now is the time to start working on resolving these issues. This process often helps resolve those contentious matters in divorce cases, such as child custody, spousal and child support, property division, and debt allocation.  

During this time, goals will also be discussed. Since the collaborative process focuses on flexibility, you can work together to create personalized solutions for your situation.

Step 5: Negotiation

The goal of this process is to find solutions that satisfy everyone’s interests. Negotiations take on a problem-solving approach that focuses on cooperation from everyone. Hopefully, after this process, you will have an agreement that meets everyone’s needs.

Step 6: Drafting the Settlement Agreement

Once a resolution has been reached, a settlement agreement needs to be drafted.  Both attorneys must make sure the settlement complies with Colorado law as stipulated in the Uniform Collaborative Law Act.

 After the deal is finalized, this document is submitted to the court for approval. Generally, you will not need to attend a formal hearing. With that, you can avoid the stress and cost of a trial.

Step 7: Finalizing the Divorce

After the court approves the settlement, your divorce is finalized. Now, both sides can move forward with a resolution that meets your and your spouse’s unique needs. Many people are more satisfied with the outcome of these agreements than those reached in the courtroom.

Find Out More About the Collaborative Process

The collaborative process in Colorado allows those wanting to divorce to resolve these matters with a less adversarial approach. With its focus on collaboration, this procedure has become an increasingly popular option for those seeking an alternative to traditional courtroom battles.If you want to learn more about collaborative divorce, reach out to Choice City Family Law.  We are here to assist with your family law issues in Colorado. Contact us today to schedule a consultation.